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(영문) 부산지방법원 2017.12.08 2017노3136
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. All of the judgment of the court below recognized the crime, and the principle of equity with the case where the first head of the crime in the judgment of the court below is judged simultaneously with the crime of indecent act, etc. is favorable.

However, the victims did not reach an agreement and made a serious effort for the repayment of damages.

In full view of the fact that it is difficult to see the fact that there is a history of criminal punishment for the same kind of crime, there is no change of circumstances after the decision of the court below was made, equity in sentencing with the same similar case, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, etc., it is difficult to see that the sentence of the court below is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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